County Court Business Centre Claim Form from Hoist Finance

[des8]

She should have been sent a ‘true copy’ of her agreement that is easy to read and a statement of her account signed by the creditor. The ‘true copy’ must contain all the terms and conditions from her original agreement, information about any changes made to the agreement and her name and address at the time that she took out the agreement. It does not have to include a signature box, signature or the date of signature from her original agreement.

[RUKI]

She should have been sent a ‘true copy’ of her agreement that is easy to read and a statement of her account signed by the creditor. The ‘true copy’ must contain all the terms and conditions from her original agreement, information about any changes made to the agreement and her name and address at the time that she took out the agreement. It does not have to include a signature box, signature or the date of signature from her original agreement.

Thank you Des8,

They mention in the front letter that they have provided her with the following however:
- Credit Agreement; (as far as I can see this is not signed by the creditor...)
- Terms and Conditions; (I cannot see this in the enclosed documents only Part B of the Agreement covers "Additional Important Items" which covers things like Credit Limit, int rates, fees and charges, etc)
- Default Notice screenshot; (this is a weird screenshot of some kind of electronic system, difficult to read)
- List of transactions
- Notices of Assignment

Do you think they have provided all that is legally required?

One of the questions on the email message she received says that she should only agree to mediation if she can answer 'yes' to ALL 3 statements below:

1. I am willing to negotiate on the amount of the claim and I will consider a compromise.
2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
3. I’m available for the entire time slot on the date of my appointment.

[des8]

As I said in an earlier post, this isn't my scene, but IMO they have not complied.
All papers should be clearly legible, and include full terms and conditions.

So if because information is lacking she can't fully understand the claim, she will have to inform the mediation centre of that.

[RUKI]

As I said in an earlier post, this isn't my scene, but IMO they have not complied.
All papers should be clearly legible, and include full terms and conditions.

So if because information is lacking she can't fully understand the claim, she will have to inform the mediation centre of that.

That was my initial reaction as well, although I'm supposed to attend the call to help my wife, I'm a complete ignorant in these matters. It would be great if someone could confirm this is their understanding as well. The mediation call is supposed to happen in only 5 days.
If it comes to rejecting mediation and going to court I need to do some research on how to explain her side during the session.

and a final question, if the court rules against her, I understand she will have the option to arrange some kind of payment without a CCJ showing in her credit score?

[des8]

If your wife loses, the judgment has to be paid within 30 days to avoid her credit record being affected.

It may be possible to negotiate a lesser amount to be repaid by instalments at mediation.
If you are unsure of being successful this might be a better option than court, and certainly a lot less stressful

[RUKI]

waiting for the mediation team to call us, quick question in the meantime in case someone reads this, they sent a screen short, half of a screen, that shows some kind of Default information, is this enough to satisfy our requirement to provide proof of notice being served? this is the part of the defence that asked for it.

7. Due to the Claimant’s failure to state in their particulars of
claim when a default notice was served, the Defendant is
prejudiced by not being entitled to request a copy of the default
notice under Civil Procedure Rule 31.14.

8. Accordingly the Defendant reserves his position to amend this
Defence with the costs of the same paid by the Claimant if the
Claimant provides a copy of the Default Notice.


I just don't think a screenshot is enough or official enough, any opinions?

[des8]

Without seeing what has been sent it is difficult to comment on whether or not it is compliant, however it does seem questionable

[MIKE770]

a record by originator surfice that one was sent out and generally accepted by judges.

[RUKI]

Well, mediation happened, my wife put an offer through of about 40% of the debt to be paid in 10 instalments, as it is the absolute maximum she can afford, borrowing from other people, but that was rejected and this will go to Court, we will argue that the documentation provided is not enough but eventually, she has resigned herself to the fact that she will very likely get a CCJ but there's no much else she can do. Somehow surprised that the Debt collector agency prefers to lose everything than accept 40%...

[RUKI]

My wife received a letter informing her that the Small Claims Mediation Team has arranged for the case to be transferred to the County Court Hearing Centre for allocation and to await the Judge's directions.
Does anyone know how long do they normally take to send this directions and if a hearing can be attended online?

Also, am I correct in thinking that in this Hearing the only way to avoid a CCJ is for her to pay the full amount? is there any other alternatives?

[des8]

How long to wait .... who knows. Some courts are still playing catch up.

The best way of avoiding a CCJ is to win.
If she loses she will have 30 days in which to pay to avoid a CCJ being registered against her name

[RUKI]

Thank you DES8 I really appreciate your input.
I was surprised that they did not accept the offer my wife put forward, it must be that they are confident they have a strong case, but regardless, she will not be able to pay the full amount and it will result on a CCJ.
Regarding winning the hearing, we are just not sure if what they provided her will be enough or how we should approach it really. Would it be anyone in the forum willing to have a look at what they provided to her?

[des8]

If you think your wife will lose and wants to avoid a CCJ, the creditor might agree to a TOMLIN order.
This will mean that the whole amount is paid over a period, but it will not end in a CCJ unless the agreement is breached.

re whether or not they have provided compliant documentation I can't say, but if you post it up (use a link like imgur) I'll try and get someone to look at it ( https://help.imgur.com/hc/en-us/arti...oading-Content)

[RUKI]

If you think your wife will lose and wants to avoid a CCJ, the creditor might agree to a TOMLIN order.
This will mean that the whole amount is paid over a period, but it will not end in a CCJ unless the agreement is breached.

re whether or not they have provided compliant documentation I can't say, but if you post it up (use a link like imgur) I'll try and get someone to look at it ( https://help.imgur.com/hc/en-us/arti...oading-Content)

That is great, thank you very much DES8, I will give have a read and will try to post it using an imgur link, should I then post the link here?

[des8]

If you post the link here we can examine the documents to see if they are compliant